Solicitor Recommends Drainage Inspection !!

sujsuj

In the process to  buy a  semi rural property. Currently seller unable to confirm if they have drainage field or soakaway.!! Part of this private drainage system is in my neighbour's field!. None of these documented in the title either. Now my Solicitor 'recomends' inspection report. What should I do..?

Property is  70/80 years old. Land behind was part of this property, but 10 years ago  title separated & sold.  I am planning to replace this with a treatment plant in coming years after buying it. In that case should I do inspection now..? Is there a chance my solicitor insist for it if I inclined other way..? I am trying to gauge me response before talking to my Solicitor about this. From online looks like such inspections cost £500+, but in my  case I wish to buy property in either case and treatment plant if neighbour raise any issue. So id it wise to do inspection now..?  Also is there a chance I could be liable for damages for last 10 years if I bought this state and neighbour ask compensation. In that case an indemnity Insurance will cover me..? Thanks very much for any sort of response from experts here. Just to clarify couple of points...
1. None of these mentioned in the Title of the property I planned to buy.
2. Till 10 years ago both were part of same title until land behind is separated and sold though this drainage field /soakaway is not mention in any documents. 
3. At the moment systems works and highly likely that neighbour may not be aware of his land used this way as this may not be mentioned in their deed as well like in  the one I am planning to buy.

greatcrested

Do you understand the difference between a drainage field (for a septic tank) and soak away (for roof rain water)? I suspect your solicitor does not!

If "Part of this private drainage system is in my neighbour's field!." then ideally there should be a Deed permitting you to use it and defining who will maintain it etc.

However, depending how long it's been there, your property may have an easement by prescription (ie by long use). Your solicitor should be able to advise.

Following the new 2020 rules, a seller must provide a buyer with full details. Also, if the current system is not compliant with the new rules, then when the property is sold, it must be brought up to compliant standard. Agreement between buyer/seller as to who will do this/pay for this.

A new treatment plant may be the way forward, depeding on various factors, but you'll need either a (smaller) drainage field as well, or the outflow to go into a watercourse/lake etc (provided the treatment plant meets EH standards such that the outflow is sufficiently clean.

princeofpounds

greatcrested said:

However, depending how long it's been there, your property may have an easement by prescription (ie by long use). Your solicitor should be able to advise

Or, an easement by implication more likely, if not expressly granted (you will need to look at the title of the neighbouring field to determine that). Given how the land was sold off.
As greatcrested says, there are two separate issues here. It's not entirely clear what your solicitor intends to address with the report. One is the construction of the system itself and whether it meets the new environmental regulations. The other is whether it drains onto neighbouring land, and if so, what rights you have to continue doing that. The former issue is more likely to be of practical consequence than the latter, but the latter still needs checking.

sujsuj

Just to clarify couple of points...
1. None of these mentioned in the Title of the property I planned to buy.
2. Till 10 years ago both were part of same title until land behind is separated and sold though this drainage field /soakaway is not mention in any documents. 
3. At the moment systems works and highly likely that neighbour may not be aware of his land used this way as this may not be mentioned in their deed as well like in  the one I am planning to buy.

princeofpounds

sujsuj said:

Just to clarify couple of points...
1. None of these mentioned in the Title of the property I planned to buy.
2. Till 10 years ago both were part of same title until land behind is separated and sold though this drainage field /soakaway is not mention in any documents. 
3. At the moment systems works and highly likely that neighbour may not be aware of his land used this way as this may not be mentioned in their deed as well like in  the one I am planning to buy.

It doesn't have to be mentioned in your title. Only granted easements are, and they may be mentioned in the title of the neighbouring land. Either is fine.

Easement by implication or prescription do not have to be mentioned anywhere but are equally valid - you just need to show evidence of the facts that establish them. The fact that the neighbouring land was sold off from 'your' land is probably enough - just ask your solicitor about this.

Whether the system works or not doesn't matter regarding the new environmental regulations. Although obviously if it didn't work that would be a problem anyway!

If the neighbour is not aware, then that's not ideal but it doesn't change your rights. It just means they may get surprised one day if they try to develop the site. Even if you move to a new sewage treatment plant system that complies with current regs, you should probably still think about continuing to drain into this land if practical - you exercise your rights and they will need to buy them off you if they want to stop you doing it. Probably nothing will ever happen.

greatcrested

princeofpounds said:

sujsuj said:

Just to clarify couple of points...
1. None of these mentioned in the Title of the property I planned to buy.
2. Till 10 years ago both were part of same title until land behind is separated and sold though this drainage field /soakaway is not mention in any documents. 
3. At the moment systems works and highly likely that neighbour may not be aware of his land used this way as this may not be mentioned in their deed as well like in  the one I am planning to buy.

If the neighbour is not aware, then that's not ideal but it doesn't change your rights. It just means they may get surprised one day if they try to develop the site. Even if you move to a new sewage treatment plant system that complies with current regs, you should probably still think about continuing to drain into this land if practical - you exercise your rights and they will need to buy them off you if they want to stop you doing it. Probably nothing will ever happen.

Although I understand the reasoning behind maintainingt any existing prescriptive rights, I'd personally prefer to be in full control and have the entire treatment plant and any associated outflow/drainage field within my own boundary if practicable I think. Personal choice.

OP - an inspection would be wise

* to check the condition of the existing system,

* to check where it all is,

* to check compliance with the regs and

* to advise youon a replacement plant options and cost

eg

https://wes.uk.net/off-mains-drainage-home-buyer-surveys/

sujsuj

My understanding is in this case roof rain water as well as toilets waste  ends in septic tank  and then water waste goes to the soak  away or drainage field. Am I correct?? In  this case I am talking about  water outlet from septic tank only.
I am looking at title of neighbouring land to see any reference. There is not streams next to the property and field behind will not be used for any construction anytime soon.

I think solicitor is trying to confirm both whether it meets the new environmental regulations as well as  rights you have to continue to neighbour's land. Somehow he is not able to get confirmation if it is Soak Away or Drainage Field. Its appears from his previous mail that  septic Tank Soak away is not legal now. 

greatcrested

It's not ideal to have rain water going into the septic tank. Too much water (especially at times like now with heave rain) means the waste does not have time to settle in the tank and flows straight out to the drainage field. Plus the tank is too diluted and the good bacteria therein cannot do its job.

Certainly if you install a treatment plant, you will have to divert the rainwater elsewhere.

sujsuj

Grateful for responses. I learnt a lot from those.
Just out of curiosity if as the buyer I am saying to solicitors I have plan  for a treatment plant in the future so don't bother about this now., take it as it is. 
 Will he accept it..? Or he will insist on getting clarified as he is in lender's  panel to avoid any future litigations..?

greatcrested

Your first post said "Now my Solicitor 'recomends' inspection report. What should I do..? ".

As it is a recommendation only, you can ignore his recommendation and instruct him to proceed without if you wish. No need to justify/explain (unless you wish to).

If he was telling you  you must have the report to satisfy the lender, that would be different.

sujsuj

Clear..Thanks very much